People v. Rubio
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
CORNELL, J.
Luis Miguel Rubio was convicted of one count of perjury (Pen. Code, § 118) 1 and sentenced to the midterm sentence of three years. He argues on appeal that the trial court improperly instructed the jury and abused its discretion when it refused to sentence him to probation.
We agree with Rubio’s argument that the 2003 version of CALJIC No. 7.20 incorrectly defines materiality. This instruction correctly informs the jury that a false statement must be material before the defendant can be found guilty of peijury. The instruction then defines a false material statement as one…
2Cases cited38 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Estelle v. McGuireSupreme Court of the United States · 1991
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by8 opinions
- People v. Morera-MunozCalifornia Court of Appeal · 2016
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- Appel v. WolfDistrict Court, S.D. California · 2021
- Howard Appel -v- Robert S WolfDistrict Court, S.D. California · 2021
- P. v. Delegge CA4/1California Court of Appeal · 2013
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